Terms of use

Please read these terms of use (“Terms of Use”) carefully before using this website (www.enablingideas.com) (the “Site”). By accessing the Site, you acknowledge these Terms of Use and agree to be bound by them . If you do not agree to these Terms of Use, please do not access the Site. Azure Corporation reserves the right in its sole discretion to modify, alter or otherwise update these Terms of Use at any time without notice. Your continued use of the Site will indicate your acceptance of such modifications, alterations and updates. It is strongly recommended that you check these Terms of Use for any changes each time you use the Site. These Terms of Use were last updated on [November 30, 2011]. For an explanation of Azure Corporation’s practices and policies related to the collection, use and disclosure of our users’ information, please read our Privacy Policy.

  1. USER AGREEMENT: These Terms of Use are the terms of a legal agreement between you and Azure Corporation that sets out the terms and conditions for your use of the Site. In these Terms of Use, “Azure Corporation” “we,” “us,” or “our” means Azure Corporation and its affiliates. The Site is owned and operated by Azure Corporation and provided to you expressly subject to these Terms of Use. You acknowledge that you have read, understand and agree to be bound by these Terms of Use. If you have questions regarding these Terms of Use or the practices of Azure Corporation, please contact us by mail at Azure Corporation Box 83 STN Main, Newmarket ON Canada L3Y 4W3.

  2. ELIGIBILITY: The eligibility to register, participate and use the Site is subject to final determination by Azure Corporation. In addition, the Site is intended solely for users who are eighteen (18) years of age or older, and any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 18 or older and that you agree to and will abide by these Terms of Use.

    A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Site. Certain conditions may induce previously undetected epileptic symptoms even if users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Site. Immediately discontinue use of the Site and consult your physician if you experience any of the following symptoms while using the Site: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

  3. INTELLECTUAL PROPERTY: The information, content and materials on the Site, including, but not limited, to text, graphics, images, illustrations, audio clips, video clips, animation, java scripts downloadable content and links to other Internet resources (collectively, “Site Information”), are protected by copyrights or other rights which are either owned, licensed or used with permission by Azure Corporation under the laws of Canada and other countries. Unless otherwise specified, no one has permission to copy, modify, redistribute or republish, in any form, any Site Information. The posting of the Site Information neither constitutes a waiver of any of Azure Corporation’s proprietary rights or any other party’s proprietary rights, nor a transfer by implication, estoppel or otherwise of any such rights or of any license to any user of the Site or to any third party.

    Certain names, words, titles, phrases, logos, icons, graphics or designs on the pages of the Site are trade names or trademarks owned by Azure Corporation or trade names or trademarks licensed to us by third parties. The display of trademarks within the Site does not grant you a license of any kind.

  4. SUBMISSIONS: You acknowledge and agree that any content or materials submitted to the Site or questions, comments, suggestions, ideas, feedback or other information about the Site, any enabling ideas® members or Azure Corporation (collectively, “Submissions”), provided by you to us are non-confidential and shall become the sole property of Azure Corporation. All Submissions shall be accompanied with an unlimited royalty free licence to use or modify such Submissions in any manner we deem fit in our sole discretion and Azure Corporation shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you or any other person. You hereby waive any moral rights you may have in such Submissions in favour of Azure Corporation and any person authorized by Azure Corporation to use or modify such Submissions. You also agree to execute, in the future, any written instrument required by us, by which all of your rights in such Submissions will be assigned to us or waived in favour of us, as the case may be.

    You hereby represent and warrant that you have the authority to fully observe these Terms of Use and that any Submissions you make to the Site have been created by you and do not violate the copyright, trade-mark, confidentiality privacy rights or any other rights of any person. You further agree not to submit any Submissions that may be considered unlawful, defamatory, abusive or obscene. Should you have any doubt as to your ability to fulfill your obligations herein with respect to a particular Submission, please refrain from making that Submission.

  5. NO WARRANTY: Azure Corporation provides the Site and the Site Information on an “as is” and “as available” basis and disclaims all warranties of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or title.

    We do not make any representations or warranties as to the accuracy, adequacy, timelines, reliability, completeness, or usefulness of the Site or the Site Information, or that access to the Site will be uninterrupted, or that there will be no delays, defects, incompatibility, difficulties in use, failures, errors or loss of transmitted information, or that the Site is free of viruses, Trojans, or other contaminating or harmful components or that no damage will occur to your computer system.

    We do not make any representations or warranties regarding the quality of or accuracy of any promises, claims, offers of wares and services or advertising provided by enabling ideas® members, suppliers to, or other users of, the Site.

    Azure Corporation is not obligated to update or amend any outdated information and reserves the right to terminate, discontinue or make changes to the Site or any or all of the Site Information without any prior notice and without liability.

  6. WAIVER OF LIABILITY: Use of the Site and any Site Information are at your own risk. Neither Azure Corporation or its representatives, officers, directors, advisors, employees, shareholders, agents, independent contractors or licensors will be liable for any damages, losses or expenses whatsoever (including, without limitation, direct, indirect, special, incidental, consequential, lost profits or punitive damages) arising from the use or inability to use the Site or the Site Information, or an error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise, even if Azure Corporation or its representatives, officers, directors, advisors, employees, shareholders, agents, independent contractors or licensors are advised of the possibility of such damages, losses or expenses.

  7. HYPERLINKS & THIRD-PARTY WEBSITES: Certain links on the Site lead to resources located on servers maintained by third parties over which Azure Corporation has no control. Hyperlinks to other internet resources or websites are used at your own risk. Azure Corporation makes no representations or warranties whatsoever, express or implied, about other websites which you may access through the Site. You acknowledge that third-party websites may have their own terms and are not governed by these Terms of Use. Links to other websites do not mean that Azure Corporation endorses, recommends, or accepts any responsibility for such websites or their content. Third-party websites are not subject to our privacy or security standards. These links are provided solely as a convenience to you and do not serve as an endorsement by Azure Corporation of the contents on such third party websites. If you decide to access linked third party websites, you do so for your own benefit and at your own risk.

  8. INDEMNIFICATION: You agree to indemnify and hold Azure Corporation and its representatives, officers, directors, advisors, employees, shareholders, agents, independent contractors and licensors harmless from and against any and all claims, losses, expenses, demands or liabilities, including reasonable legal fees, made by any third-party due to or arising out of materials and content you submit to, post to or transmit through the Site, your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third-party. You further agree that you will cooperate fully in the defence of any such claims. Azure Corporation reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the prior written consent of Azure Corporation. You further agree to indemnify and hold harmless Azure Corporation and its representatives, officers, directors, advisors, employees, shareholders, agents, independent contractors and licensors from any claim arising from a third-party’s use of information or materials of any kind that you post to the Site.

  9. AMENDMENT AND TERMINATION: These Terms of Use are effective until terminated by Azure Corporation. We reserve the right to amend these Terms of Use at any time by posting the amended Terms of Use on the Site. All the amendments shall be effective upon posting. You understand and agree that your continued use of the Site after we made any such amendments constitutes your acceptance of the amended Terms of Use.

    We may, in our sole discretion, with or without cause, and at any time without notice, terminate these Terms of Use or suspend or terminate your access and use of the Site, or restrict your access to any part or parts of the Site without notice or liability.

  10. ENTIRE AGREEMENT: These Terms of Use supersede any previous terms of use to which you and Azure Corporation may have been bound in relation to the Site. These Terms of Use will be binding on and be enforceable against the parties and their respective successors and assigns. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

  11. NO WAIVER: All rights not expressly granted herein are hereby reserved. Failure by Azure Corporation to enforce any of its rights under these Terms of Use shall not be construed as a waiver of those rights or any other rights in any way. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use.

  12. SEVERABILITY: If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms of Use shall remain in full force and effect.

  13. AVAILABILITY OF THE SITE: You agree to use the Site for lawful purposes only and in a manner consistent with all applicable local, national or international laws, rules and regulations, including communications statutes and regulations. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. Therefore, no offering, distribution or solicitation is made by Azure Corporation by offering the Site to any jurisdiction where it is prohibited by law.

  14. MONITORING OF THE SITE: Azure Corporation has no obligation to monitor the Site. Notwithstanding the lack of obligation by us to monitor the Site, you acknowledge and agree that we have the right to monitor the Site from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or any other legal or government request, to operate the Site or to protect Azure Corporation or other users of the Site.

    You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to any content you may post; what effects the Site or its content may have on you; how you may interpret or use information gained from the Site or its content; or what actions you may take as a result of having been exposed to the Site or its content. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.

    You acknowledge that we may or may not pre-screen content, but that Azure Corporation and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available on the Site. Without limiting the foregoing, Azure Corporation and its designees shall have the right to remove any content that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any content created by Azure Corporation or submitted to us.

  15. SECURITY: You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for your use or logging into a server or account which you are not authorized to access, or forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Any unauthorized use of the Site, including but not limited to any unsolicited or unauthorized advertising and promotional materials generally known as “junk mail” or “spam;” sending “chain letters” or other unsolicited materials; misuse of display names; posting or otherwise transmitting any private information of any party; impersonating any person or entity; uploading, posting, transmitting, sharing or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or communication equipment; or engagement in any fraudulent or criminal activity is strictly prohibited. Azure Corporation will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

  16. PRIVACY: Azure Corporation’s privacy practices and policies including the collection and use of personally identifiable information are governed by Azure Corporation’s Privacy Policy.

  17. LANGUAGE: The parties acknowledge that they have requested that these Terms of Use be prepared in English. Les parties reconnaissent avoir exigé que la présente et tous les documents connexes soient rédigés en anglais.

  18. USE OF PERSONAL INFORMATION: You agree not to disclose, include or display any personal information together with your email or display name on the Site, any other website, any blog, forum, medium or other communication of any kind, including, without limitation, your name, address, phone number, email address, Social Insurance Number, driver’s license number, bank account, credit card numbers, government issued identification documents or any other personal information.

  19. OTHER AGREEMENTS: These Terms of Use shall be subject to any other agreements you have entered into with Azure Corporation. In the case of a conflict between the provisions of these Terms of Use and an agency or membership agreement, the terms of the agency agreement or membership agreement shall prevail.

  20. ELECTRONIC SIGNATURE: At certain times during your use of the Site, you may be requested to accept or decline or otherwise acknowledge certain terms and conditions, agreements, notices and/or disclaimers. In each such instance, you agree that your clicking on the appropriate box, tab, or other link shall constitute an electronic signature for the purposes of your use of the Site and the electronic record thereof, shall be considered conclusive evidence of whether you accepted, declined, or otherwise acknowledged such matter, absent manifest error by Azure Corporation.

  21. APPLICABLE LAW: Except where prohibited by the laws of your jurisdiction, the Site will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law.

  22. SURVIVAL: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  23. ELECTRONIC MESSAGING: You hereby agree and grant us an express and implied consent to contact you via e-mail in regards to Azure Corporation, enabling ideas® and/or any enabling ideas® member. You may opt out from this section by the following unsubscribe procedure provided in our emails.

  24. ACCOUNTS AND BUSINESS SOLICITATION: This Site is for informational purposes only and is not intended to provide specific advice of any form to you, and should not be acted or relied upon in that regard without seeking the advice of a professional. Your advisor can help to ensure that your own circumstances have been properly considered and any action is taken on the latest available information. No information or otherwise contained anywhere in the Site or related to the Site constitutes an offer or advice by Azure Corporation or any member, employee, officer, director or affiliate of Azure Corporation including, without limitation, to retain the services of Azure Corporation or any enabling ideas® member. All final decisions, authorities, considerations and choices are solely your responsibility and done at your discretion. Furthermore, you agree that your ability to access, sign up to, become a user, become a member, create a profile, receive emails, create or make posts to the Site, reply to posts on the Site, use any tool on the Site, subscribe to, or otherwise use or view the Site and its services in no event shall be considered to be an encouragement to leave your current provider or a solicitation to do business with Azure Corporation or any enabling ideas® member.

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